Taking Chances: Evaluating Risk as a Guide to Better Use of Best Practices

Recent attention to best practices has resulted in a complex array of terminology and a number of compendia of effective practices that may be daunting to public policy makers and administrators seeking solutions to important public problems. This study clarifies these distinctions and builds on them to create a decision tool that will help policy makers as they use best practice information in program adoption or development. Decision makers must know their goals in seeking out best practices. As they evaluate potential practices, they should consider not only the quality of available evidence of effectiveness but also the risk of harm to constituents and the cost per unit of benefit generated. The study applies the rubric to an emerging practice in support services for individuals with disabilities known as Cash and Counseling, demonstrating that the practice is low risk, cost neutral, and improves effectiveness and consumer satisfaction. The tool highlights the judgmental elements of concern in the decision process while providing a means to assess multiple decision dimensions in a coherent fashion.     

Does Interrater (Dis)agreement on Psychopathy Checklist Scores in Sexually Violent Predator Trials Suggest Partisan Allegiance in Forensic Evaluations?

Many studies reveal strong interrater agreement for Hare's Psychopathy Checklist-Revised (PCL-R) when used by trained raters in research contexts. However, no systematic research has examined agreement between PCL-R scores from independent clinicians who are retained by opposing sides in adversarial legal proceedings. We reviewed all 43 sexual-offender civil-commitment trials in one state and identified 23 cases in which opposing evaluators reported PCL-R total scores for the same individual. Differences between scores from opposing evaluators were usually in a direction that supported the party who retained their services. These score differences were greater in size than would be expected based on the instrument's standard error of measurement or the rater agreement values reported in previous PCL-R research. The intraclass correlation for absolute agreement for the PCL-R Total score from a single rater (ICC 1,A = .39) was well below levels of agreement observed for the PCL-R in research contexts, and below published test-retest values for the PCL-R. Results raise concerns about the potential for a forensic evaluator's "partisan allegiance" to influence PCL-R scores in adversarial proceedings.     

‘Civilised domesticity’, race and European attempts to regulate African marriage practices in colonial Natal, 1868–1875

This paper examines a controversy that erupted in the 1860s over attempts by European settlers in the colony of Natal to regulate African marriages. In 1869 the Natal government promulgated a law enabling the Lieutenant-Governor of Natal to regulate African marital customs. The regulations proclaimed under Law 1 of 1869 imposed a tax on every marriage contracted by Africans, restricted the practice of lobola (bridewealth) and required that brides publicly express their assent before an official witness for marriages to be valid. The implementation of these measures unleashed a storm of protest that eventually forced the government to abandon the marriage tax in 1875. Intriguingly, however, while there was African resistance to the law, it was principally the outrage of the colony's European settlers and missionaries that forced the government's hand. This paper explores the creation and implementation of Law 1 of 1869, the subsequent controversy and the abandonment of the marriage tax. In doing so it argues that in the 1860s and 1870s few white Natalians embraced the idea of innate differences between races, and instead employed environmentalist discourses of ‘civilisation’ and ‘savagery’ to explain distinctions between themselves and Africans. These discourses were gendered, for domestic family arrangements in African and European societies were used as the benchmark against which the relative levels of ‘civilisation’ of whites and Africans were measured. This attempt to regulate African family life and the controversy it provoked therefore highlights the extent to which British views of marriage and proper gender roles influenced the practice of colonialism in nineteenth century southern Africa.     

The Rigor of Research Design and “Forensic” Publications in Neuropsychological Research

Seven neuropsychology journals that publish on topics relevant to clinical neuropsychology were examined for their experimental rigor according to the standards of the American Academy of Neurology (AAN) in their Clinical Practice Guidelines. By using a keyword approach on topics relevant to forensic neuropsychology, all articles that reported empirical findings from 2003 through 2008 were identified. Each study was rated by AAN classification criteria that ranged from a level I classification (prospective, most rigorous, and independent) to level IV (least rigorous). The typical forensic neuropsychological study averaged a class III ranking. Few studies were based on large sample sizes or utilized a reported masking or blind technique with regards to subject selection and how diagnostic criteria were met and/or data analyzed. While the authors for the average study reported a university affiliation, few reported explicit Institutional Review Board statements. Considerable variability across these seven journals with regards to conflict of interest (COI) disclosure policies was observed and only a few studies reported explicit statements about funding or COI issues. These observations suggest that neuropsychological research on forensic topics currently has many limitations and that future research needs to address these issues.     

Terrorism and the Railroads: Redefining Security in the Wake of 9/11

This article examines the impact of the 9/11 attacks on railroad security. Railroad security has been traditionally defined as a problem of trespass and liability for deaths, injuries, and property damage sustained or caused by trespassers. It argues that the private freight railroad industry, not government, has largely directed the efforts to prevent terrorism and share information on suspected terrorist threats, through the prompt formation of a loosely coupled network of organizations coordinated by the industry trade association, the American Association of Railroads. The freight railroad network approach is contrasted with the efforts of Amtrak to gain public funds for its security efforts by connecting its survival with homeland security. Kingdon's model of the policy process is used to explain how 9/11 has presented an opportunity for railroads to use policy windows to gain benefits for the industry while at the same time resisting possible reregulation. It contrasts the network approach with the traditional hierarchical-bureaucratic form of organization used in the design of the Department of Homeland Security, and suggests it poses a valuable case study to see how information can be shared between widely divergent types of organizations, and test how best to prevent future terrorist events.